A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant was working as a maintenance agent at the D agency located in Chungcheong-gun C, and was requested on May 28, 2015 to the effect that the Defendant would want to purchase the used vehicle from the victim E, and the fact was planned to use it as debt repayment and marriage preparation expenses even if the Defendant received the used vehicle from the victim, and there was no other intent or ability to purchase the used vehicle. However, even if the victim did not have any intention or ability to purchase it, it was stated that the victim would be 3.6 million won around May 28, 2015 (in the written indictment, 3.6 million won is clearly stated, but this is corrected ex officio without changing the indictment, since 3.6 million won is obvious and there was no disadvantage in the Defendant’s exercise of his defense right, the Defendant was provided with the total purchase amount of KRW 5.2 million in the account under the name of the Defendant in the name of the Nonghyup Bank (F) as stated in the following list of crimes from around that time.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Application of the details of deposits transactions in E and the details of deposits and deposits transactions by suspects to the Acts and subordinate statutes;

1. Grounds for sentencing of punishment pursuant to Article 347 (1) of the Criminal Act (the point of fraud) and Article 347 of the Criminal Act concerning the facts constituting an offense;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. The Defendant, who was sentenced to a sentence, led to the confession and reflect of all of the instant crimes, and the Defendant returned the amount of KRW 10 million out of the amount of damage on August 24, 2015, and KRW 5 million on July 6, 2016, thereby partly recovering the damage, and thus, partly recovering the damage, the actual amount of damage was excessive to KRW 37.2 million, and the Defendant was the first offender who had no previous criminal record.

However, the crime of this case is committed.